Rhode Island District Court
Civil Rules of Procedure

V. DEPOSITIONS DISCOVERY

Index:

  1. DEPOSITIONS DISCOVERY

    1. RULE 26. DEPOSITIONS PENDING ACTION
      1. When Depositions May Be Taken.
      2. Scope of Examination; Limitations.
        1. Scope of Examination
        2. Limitations
      3. Examination and Cross-Examination.
      4. Use of Depositions.
      5. Objections to Admissibility.
      6. Effect of Taking or Using Depositions.
      RULE 27. DEPOSITIONS BEFORE ACTION
      RULE 28. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN
        (c) Disqualification for Interest.
      RULE 29. STIPULATIONS REGARDING THE TAKING OF DEPOSITIONS
      RULE 30. DEPOSITIONS UPON ORAL EXAMINATION
      1. Notice of Examination: Time and Place.
      2. Orders for the Protection of Parties and Deponents.
      3. Record of Examination; Oath; Objections.
      4. Motion to Terminate or Limit Examination.
      5. Submission to Witness; Changes; Signing.
      6. Certification and Filing by Officer; Copies; Opening.
      7. Failure to Attend or to Serve Subpoena; Expenses.
      RULE 31. DEPOSITIONS OF WITNESS UPON WRITTEN INTERROGATORIES
      1. Serving Interrogatories; Notice.
      2. Officer to Take Responses and Prepare Record.
      3. Inspection of Deposition on File.
      4. Orders for the Protection of Parties and Deponents.
      RULE 32. EFFECT OF ERRORS AND IRREGULARITIES IN DEPOSITIONS
      1. As to Notice.
      2. As to Disqualification of Officer.
      3. As to Taking of Deposition.
      RULE 33. INTERROGATORIES TO PARTIES
      1. Availability; Answers;
      2. Scope; Limitations.
      3. Continuing Duty to Answer.
      RULE 34. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION FOR OTHER PURPOSES
      1. Scope.
      2. Procedure.
      RULE 35. PHYSICAL AND MENTAL EXAMINATION OF PERSONS
      1. Order for Examination.
      2. Report of Findings.
      3. Statutory Appointment of Expert Witnesses.
      RULE 36. ADMISSION OF FACTS AND OF GENUINENESS OF DOCUMENTS
      1. Request for Admission.
      2. Effect of Admission.
      RULE 37. REFUSAL TO MAKE DISCOVERY--CONSEQUENCES
      1. Refusal to Answer.
      2. Failure to Comply With Order.
        1. Contempt.
        2. Other Consequences.
      3. Expenses on Refusal to Admit
      4. Failure of Party to Attend or Serve Answers.




RULE 26. DEPOSITIONS PENDING ACTION

    1. (a) When Depositions May Be Taken. Any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery or for use as evidence in the action or for both purposes. After commencement of the action the deposition may be taken without leave of court, except that leave, granted with or without notice, must be obtained if notice of the taking is served by the plaintiff within twenty (20) days after service upon the defendant. The attendance of witnesses may be compelled by the use of subpoena as provided in Rule 45. Except as provided in Rule 27(a) > (FN*) depositions shall be taken only in accordance with these rules. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.
    2. (b) Scope of Examination; Limitations.
      1. (1) Scope of Examination. Unless otherwise ordered by the court as provided by Rule 30(b) or (d), the deponent may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the examining party or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. It is not ground for objection that the testimony will be inadmissible at the trial if the testimony sought appears reasonably calculated to lead to the discovery of admissible evidence.
      2. (2) Limitations. A party shall not require a deponent to produce or submit for inspection any writing obtained or prepared by the adverse party, the adverse party's attorney, surety, indemnitor, or agent in anticipation of litigation and in preparation for trial unless the court otherwise orders on the ground that a denial of production or inspection will result in an injustice or undue hardship; nor shall the deponent be required to produce or submit for inspection any part of a writing which reflects an attorney's mental impressions, conclusions, opinions, or legal theories, or, except as provided hereinafter and in Rule 35, the conclusions of an expert engaged in anticipation of litigation and in preparation for trial. A party may require any other party to disclose the names and addresses of proposed expert witnesses; except as provided in Rule 35 such disclosure shall be solely for the purpose of enabling the party to investigate the qualifications of such witnesses in advance of trial, unless the court orders the taking of the deposition of such witnesses by any party on the ground that lack of such deposition will result in an injustice or undue hardship. Such order shall issue only on motion after hearing and shall be on such terms and conditions as the court may determine. In an action for personal injury or property damage arising out of negligence, a party may require any other to disclose the policy limits of his or her liability or property damage insurance. Such disclosed matter shall not be introduced in evidence but shall be used solely for the purpose of enabling the party to evaluate the advisability of making or accepting an offer of settlement.
    3. (c) Examination and Cross-Examination. Examination and cross-examination of deponents may proceed as permitted at the trial of actions in open court, but the crossexamination need not be limited to the subject matter of the examination in chief.
    4. (d) Use of Depositions. At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any party who was present or represented at the taking of the deposition or who had due notice thereof, in accordance with any one of the following provisions:
      1. (1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness.
      2. (2) The deposition of a party or of any one who at the time of taking the deposition was an officer, director, or managing agent of a public or private corporation, partnership, or association which is a party may be used by an adverse party for any purpose.
      3. (3) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds: (i) that the witness is dead; or (ii) that the witness is out of the state, unless it appears that the absence of the witness was procured by the party offering the deposition; or (iii) that the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment; or (iv) that the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (v) upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.
      4. (4) If only part of a deposition is offered in evidence by a party, an adverse party may require him or her to introduce all of it which is relevant to the part introduced, and any party may introduce any other parts. Substitution of parties does not affect the right to use depositions previously taken; and, when an action in any court of the United States or of any state has been dismissed and other action involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the fo rmer action may be used in the latter as if originally taken therefor.
    5. (e) Objections to Admissibility. Subject to the provisions of Rules 28(b) and 32(c), objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying.
    6. (f) Effect of Taking or Using Depositions. A party shall not be deemed to make a person his or her own witness for any purpose by taking his or her deposition. The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition, but this shall not apply to the use by an adverse party of a deposition as described in paragraph (2) of subdivision (d) of this rule. At the trial or hearing any party may rebut any relevant evidence contained in a deposition whether introduced by him or her or by any other party.

RULE 27. DEPOSITIONS BEFORE ACTION

    The perpetuation of testimony regarding any matter which may be cognizable in this court shall be in accordance with the statutes of this state.

RULE 28. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN

    1. (a) Within the State. Within the state depositions shall be taken before an officer authorized to administer oaths by the law of the state or before a person appointed by the court. A person so appointed has the power to administer oaths and take testimony.
    2. (b) Outside the State. Within another state, or within a territory or insular possession subject to the dominion of the United States, or in a foreign country, depositions may be taken
      1. (1) on notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of the United States, or
      2. (2) before a person commissioned by the court, and a person so commissioned shall have the power by virtue of his or her commission to administer any necessary oath and take testimony, or
      3. (3) pursuant to a letter rogatory. A commission or a letter rogatory shall be issued on application and notice and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter rogatory may be issued in proper cases. A notice or commission may designate the person before whom the deposition is to be taken either by name or descriptive title. A letter rogatory may be addressed "To the Appropriate Authority in (here name the state, territory, or country)." Evidence obtained in a foreign country in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within the United States under these rules.
    3. (c) Disqualification for Interest. No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action.

RULE 29. STIPULATIONS REGARDING THE TAKING OF DEPOSITIONS

    If the parties so stipulate in writing, depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions.

RULE 30. DEPOSITIONS UPON ORAL EXAMINATION

    1. (a) Notice of Examination: Time and Place. A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action not in default. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or her or the particular class or group to which he belongs. On motion of any party upon whom the notice is served, the court may for cause shown enlarge or shorten the time. The court may regulate at its discretion the time and order of taking depositions as shall best serve the convenience of the parties and witnesses and the interests of justice.
    2. (b) Orders for the Protection of Parties and Deponents. After notice is served for taking a deposition by oral examination, upon motion seasonably made by any party or by the person to be examined and upon notice and for good cause shown, the court may make an order that the deposition shall not be taken, or that it may be taken only at some designated time or place other than that stated in the notice, or that it may be taken only on written interrogatories, or that certain matters shall not be inquired into, or that the scope of the examination shall be limited to certain matters, or that the examination shall be held with no one present except the parties to the action and their officers or counsel, or that the deposition be sealed and opened only by order of the court, or that secret processes, developments, or research need not be disclosed; or that the parties shall simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court; or the court may make any other order which justice requires to protect the party or witness from annoyance, undue expense, embarrassment, or oppression. The court may in its discretion where notice is given of the taking of depositions outside the state and at great distances from the place where the case is to be tried, require the party taking the deposition to pay the traveling expenses of the opposite party and of his or her attorney where their attendance is reasonably necessary at the taking of said deposition; and where it appears that the witness whose deposition is sought is under the control of the party taking the deposition, the court may require such witness to be brought within the state and the witness' deposition taken there. The power of the court under this rule shall be exercised with liberality toward the accomplishment of its purpose to protect parties and witnesses.
    3. (c) Record of Examination; Oath; Objections. The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under the officer's direction and in the officer's presence, record the testimony of the witness. The testimony shall be taken stenographically and transcribed unless the parties agree otherwise. The court may order the cost of transcription paid by one or some of, or apportioned among, the parties. All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination parties served with notice of taking a deposition may transmit written interrogatories to the officer, who shall propound them to the witness and record the answers verbatim.
    4. (d) Motion to Terminate or Limit Examination. At any time during the taking of the deposition on motion of any party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, any judge of the District Court may order the officer conducting the examination to cease forthwith from taking the deposition or may limit the scope and manner of the taking of the deposition as provided in subdivision (b). If the order made terminates the examination, it shall be resumed thereafter only upon the order of the court. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order. In granting or refusing such order the court may impose upon either party or upon the witness the requirement to pay such costs or expenses as the court may deem reasonable.
    5. (e) Submission to Witness; Changes; Signing. When the testimony is fully transcribed the deposition shall be submitted to the witness for examination and shall be read to or by the witness, unless such examination and reading are waived by the witness and by the parties, or unless the testimony has been transcribed by a court stenographer duly appointed by any court of this state or by a person expressly approved by this court. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign, or unless the testimony has been transcribed by a court stenographer or other approved person. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor, or the fact of transcription by a court stenographer or other approved person; and the deposition may then be used as fully as though signed, unless on a motion to suppress under Rule 32(d) the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.
    6. (f) Certification and Filing by Officer; Copies; Opening.
      1. (1) The officer shall certify on the deposition that the witness was duly sworn by him or her and that the deposition is a true record of the testimony given by the witness. The officer shall then place the deposition in an envelope indorsed with the title of the action and marked "Deposition of (here insert the name of witness)" and shall promptly deliver or mail it to the clerk of the court where the action is pending.
      2. (2) Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition to any party or to the deponent.
      3. (3) Upon being filed, the deposition shall be open to inspection unless otherwise ordered by the court.
    7. (g) Failure to Attend or to Serve Subpoena; Expenses.
      1. (1) If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to such other party the amount of the reasonable expenses incurred by him or her and his or her attorney in so attending, including reasonable attorney's fees.
      2. (2) If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon the witness and the witness because of such failure does not attend, and if another party attends in person or by attorney because he or she expects the deposition of that witness to be taken, the court may order the party giving the notice to pay to such other party the amount of the reasonable expenses incurred by him or her and his or her attorney in so attending, including reasonable attorney's fees.

RULE 31. DEPOSITIONS OF WITNESS UPON WRITTEN INTERROGATORIES

    1. (a) Serving Interrogatories; Notice. A party desiring to take the deposition of any person upon written interrogatories shall serve them upon every other party not in default with a notice stating the name and address of the person who is to answer them and the name or descriptive title and address of the officer before whom the deposition is to be taken. Within fifteen (15) days thereafter a party so served may serve cross interrogatories upon the party proposing to take the deposition. Within five (5) days thereafter the latter may serve redirect interrogatories upon a party who has served cross interrogatories. Within five (5) days after being served with redirect interrogatories, a party may serve recross interrogatories upon the party proposing to take the deposition.
    2. (b) Officer to Take Responses and Prepare Record. A copy of the notice and copies of all interrogatories served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Rule 30(c), (e) and (f) to take the testimony of the witness in response to the interrogatories and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the interrogatories received by him.
    3. (c) Inspection of Deposition on File. Upon being filed, the deposition shall be open to inspection unless otherwise ordered by the court.
    4. (d) Orders for the Protection of Parties and Deponents. After the service of interrogatories and prior to the taking of the testimony of the deponent, the court in which the action is pending, on motion promptly made by a party or a deponent, upon notice and good cause shown, may make any order specified in Rule 30 which is appropriate and just or an order that the deposition shall not be taken before the officer designated in the notice or that it shall not be taken except on oral examination.

RULE 32. EFFECT OF ERRORS AND IRREGULARITIES IN DEPOSITIONS

    1. (a) As to Notice. All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice.
    2. (b) As to Disqualification of Officer. Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.
    3. (c) As to Taking of Deposition. (1) Objections to the competency of a witness or to the competency, relevancy, or the materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time. (2) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition. (3) Objections to the form of written interrogatories submitted under Rule 31 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other interrogatories and within five (5) days after service of the last interrogatories authorized.
    4. (d) As to Completion and Return of Deposition. Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, indorsed, transmitted, filed, or otherwise dealt with by the officer under

Rules 30 and 31

    Rules 30 and 31 are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.

RULE 33. INTERROGATORIES TO PARTIES

    1. (a) Availability; Answers ; Objections. Any party may serve upon any adverse party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association, by any officer or agent, who shall furnish suc h information as is available to the party. Interrogatories may be served after commencement of the action and without leave of court, except that, if service is made by the plaintiff within twenty (20) days after service upon the defendant, leave of court granted with or without notice must first be obtained. The interrogatories shall be answered separately and fully in writing under oath. The answers shall be signed by the person making them; and the party upon whom the interrogatories have been served shall serve a copy of the answers on the parties submitting the interrogatories within forty (40) days after the service of the interrogatories, unless the court on motion and notice and for good cause shown, enlarges or shortens the time. With his or her answers a party may serve specific written objections to particular interrogatories, stating the grounds on which they are based. Failure to serve such objections shall constitute a waiver thereof. Answers to interrogatories to which objection is made may be deferred until an order to answer is entered in accordance with Rule 37(a) upon motion of the interrogating party. Such objections or motion made without substantial justification shall be subject to the sanctions set forth in Rule 37(a).
    2. (b) Scope; Limitations. Interrogatories may relate to any matters which can be inquired into under Rule 26(b), and the answers may be used to the same extent as provided in Rule 26(d) for the use of the deposition of a party. Interrogatories may be served after a deposition has been taken, and a deposition may be sought after interrogatories have been answered, but the court on motion of the deponent or the party interrogated, may make such protective order as justice may require. A party shall not serve more than one set of interrogatories upon an adverse party nor shall the number of interrogatories exceed thirty (30) unless the court otherwise orders for good cause shown. The provisions of Rule 30(b) are applicable for the protection of the party from whom answers to interrogatories are sought under this rule.
    3. (c) Continuing Duty to Answer. If the party furnishing answers to interrogatories shall obtain subsequently information which renders such answers incomplete, amended answers shall be served not later than ten (10) days prior to the day fixed for trial. Thereafter amendments may be allowed only on motion and upon such terms as the court may direct.

RULE 34. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION FOR OTHER PURPOSES

    1. (a) Scope. Subject to the provisions of Rule 30(b), any party may serve on any other party a request
      1. (1) to produce and permit the party making the request, or someone acting on the party's behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and any other data compilations from which intelligence can be perceived, with or without the use of detection devices) or to inspect and copy, test, or sample any tangible thing which constitute or contain matters within the scope of Rule 26(b) and which are in the possession, custody or control of the party upon whom the request is served; or
      2. (2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 26(b).
    2. (b) Procedure. The request may, witho ut leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place and manner of making the inspection and performing the related acts. The party upon whom the request is served shall be obligated to comply therewith unless within twenty (20) days after service thereof, or within such shorter or longer time as the court may allow, the party serves upon the requesting party an objection to the request, specifying the portion of the request objected to and the grounds of objection. Portions of the request not objected to shall be complied with. The party submitting the request may move for an order under Rule 37(a) with respect to any objection to the request or other failure to permit inspection as requested.

RULE 35. PHYSICAL AND MENTAL EXAMINATION OF PERSONS

    1. (a) Order for Examination. In an action in which the mental or physical condition or the blood relationship of a party, or of an agent or a person in the custody or under the legal control of a party, is in controversy, the court may order the party to submit to a physical or mental or blood examination by a physician or to produce for such examination his or her agent or the person in his or her custody or legal control. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.
    2. (b) Report of Findings. If requested by the party against whom an order is made under Rule 35(a) or the person examined, the party causing the examination to be made shall deliver to him or her a copy of a detailed written report of the examining physician setting out his or her findings and conclusions, together with like reports of all earlier examinations of the same condition. After such request and delivery the party causing the examination to be made shall be entitled upon request to receive from the party or person examined a like report of any examination, previously or thereafter made, of the same condition. If the party or person examined refuses to deliver such report the court on motion and notice may make an order requiring delivery on such terms as are just, and if a physician fails or refuses to make such a report the court may exclude the physician's testimony if offered at the trial.
    3. (c) Statutory Appointment of Expert Witnesses. The provisions of this rule are in addition to existing statutes authorizing the appointment of expert witnesses. A motion for an order for a mental or physical examination shall specify whether it is made pursuant to subdivision (a) of this rule or to a statutory provision relating to expert witnesses. Upon a motion made pursuant to subdivision (a) of this rule, the court in its discretion may appoint an expert witness in accordance with applicable statutory provisions.

RULE 36. ADMISSION OF FACTS AND OF GENUINENESS OF DOCUMENTS

    1. (a) Request for Admission. After commencement of an action a party may serve upon any other party a written request for the admission by the latter of the genuineness of any relevant documents described in and exhibited with the request or of the truth of any relevant matters of fact set forth in the request. If a plaintiff desires to serve a request within twenty (20) days after service upon the defendant, leave of court, granted with or without notice, must be obtained. Copies of the documents shall be served with the request unless copies have already been furnished. Each of the matters of which an admission is requested shall be deemed admitted unless, within a period designated in the request, not less than ten (10) days after service thereof or within such shorter or longer time as the court may allow on motion and notice, the party to whom the request is directed serves upon the party requesting the admission either (1) a sworn statement denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he or she cannot truthfully admit or deny those matters or (2) written objections on the ground that some or all of the requested admissions are privileged or irrelevant or that the request is otherwise improper in whole or in part, together with a notice of hearing the objections at the earliest practicable time. If written objections to a part of the request are made, the remainder of the request shall be answered within the period designated in the request. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his or her answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. If a request is refused because of lack of information or knowledge upon the part of the party to whom the request is directed, the party shall also show in his or her sworn statement that the means of securing the information or knowledge are not reasonably within the party's power.
    2. (b) Effect of Admission. Any admission made by a party pursuant to such request is for the purpose of the pending action only and neither constitutes an admission by the party for any other purpose nor may be used against the party in any other proceeding.

RULE 37. REFUSAL TO MAKE DISCOVERY--CONSEQUENCES

    1. (a) Refusal to Answer. If a party or other deponent refuses to answer any question propounded upon oral examination, the examination shall be completed on other matters or adjourned as the proponent of the question may prefer. Thereafter, on reasonable notice to all persons affected thereby, he or she may apply to the court for an order compelling an answer. Upon the failure of a deponent or a party to answer any interrogatories submitted under Rule 31 or Rule 33, or upon the furnishing of an inadequate answer to any such interrogatory, or upon the failure of a party to make discovery as requested under Rule 34, the proponent of the question or the requesting party may make like application for such an order. If the motion is granted the court shall, after opportunity for hearing, require the party or deponent whose failure to answer adequately or otherwise to make discovery necessitated the motion, or the party or attorney advising such conduct, or both of them, to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney's fees, unless the court finds that opposition was substantially justified or that other circumstances make an award of expenses unjust. If the motion is denied, the court shall, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney's fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner.
    2. (b) Failure to Comply With Order.
      1. (1) Contempt. If a party or other witness refuses to be sworn or refuses to answer any question after being directed to do so by the court, the refusal may be considered a contempt of court.
      2. (2) Other Consequences. If any party or an officer or managing agent of the party refuses to obey an order made under subdivision (a) of this rule requiring him or her to answer designated questions or to make discovery under Rule 34, or an order under Rule 35, or if a party refuses to answer designated questions after his or her objections thereto under Rule 30 have been overruled by the court, the court may make such orders in regard to the refusal as are just, and among others the following:
        1. (i) An order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or the physical or mental or blood condition sought to be examined, or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;
        2. (ii) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him or her from introducing in evidence designated documents or things or items of testimony, or from introducing evidence of physical or mental or blood condition sought to be examined;
        3. (iii) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party;
        4. (iv) In lieu of any of the foregoing orders or in addition thereto, an order directing the arrest of any party or agent of a party for disobeying any of such orders except an order to submit to a physical or mental or blood examination;
        5. (v) Where a party has failed to comply with an order under Rule 35(a) requiring the party to produce another for examination, such orders as are listed in subdivisions (i), (ii), and (iii) of this subdivision of this rule, unless the party failing to comply shows that he or she is unable to produce such person for examination.
    3. (c) Expenses on Refusal to Admit. If a party, after being served with a request under Rule 36 to admit the genuineness of any documents or the truth of any matters of fact, serves a sworn denial thereof and if the party requesting the admissions thereafter proves the genuineness of any such document or the truth of any such matter of fact, the party may apply to the court for an order requiring the other party to pay him or her the reasonable expenses incurred in making such proof, including reasonable attorney's fees. Unless the court finds that there were good reasons for the denial or that the admissions sought were of no substantial importance, the order shall be made.
    4. (d) Failure of Pa rty to Attend or Serve Answers. If a party or an officer or managing agent of a party without good cause fails (1) to appear before the officer who is to take his or her deposition after being served with a proper notice, or (2) to serve answers to interrogatories submitted under Rule 33 after proper service of such interrogatories, the court on motion may make such orders in regard to the failure as are just, including striking out all or any part of any pleading of that party, or dismissing the action or proceeding or any part thereof, or entering judgment by default against that party. If a party fails to serve amended answers to interrogatories as required by Rule 33(c) the court may enter an order prohibiting that party from introducing evidence as to any matter which ought to have been the subject of amended answers, or the court may in its discretion pass the case on such terms and conditions as are just.